DANGEROUS GOODS (ROAD AND RAIL TRANSPORT) ACT 2008 - As at 3 April 2024 - Act 95 of 2008

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Purpose
• 4 Definitions
• 5 Scope of this Act

PART 2 - LICENSING AND SAFETY OBLIGATIONS

• 6 Licensing of vehicles transporting dangerous goods
• 7 Licensing of drivers transporting dangerous goods
• 8 Goods too dangerous to be transported
• 9 Duties concerning the transport of dangerous goods
• 10 Reckless conduct causing death or serious injury by person with duties under section 9
• 11 Special defence for owners or operators
• 12 Offences by corporations--liability of directors and managers

PART 3 - REGULATIONS

• 13 Regulation-making powers
• 14 Regulations may adopt codes, standards and rules
• 15 Penalties under the regulations

PART 4 - ADMINISTRATION

Division 1 - Competent Authorities and their authorised officers

• 16 Competent Authorities
• 17 Appointment of authorised officers
• 18 Identification cards
• 19 Return of identification cards
• 20 Competent Authority may delegate functions

Division 2 - Powers of authorised officers

• 21 Section 21 General powers of authorised officers who are police officers or appointed by EPA: application of Chapter 7 of Protection of the Environment Operations Act 1997
• 22 General powers of authorised officers appointed by SafeWork NSW: application of Part 9 of Work Health and Safety Act 2011
• 23 Offence of obstructing or intimidating authorised officers and others exercising functions under Act
• 24 Offence of impersonating an authorised officer
• 25 Reciprocal powers of authorised officers

PART 5 - INVESTIGATION, IMPROVEMENT AND PROHIBITION NOTICES

Division 1 - Investigation notices

• 26 Investigation notices
• 27 Offence: failure to comply with investigation notice

Division 2 - Improvement notices

• 28 Issue of improvement notices
• 29 Offence: failure to comply with improvement notice

Division 3 - Prohibition notices

• 30 Issue of prohibition notices
• 31 Offence: failure to comply with prohibition notice

Division 4 - General provisions relating to notices

• 32 Preventing injury and damage--taking direct action
• 33 Notices may include directions
• 34 Review of notices by Competent Authority
• 35 Appeal to Court following review
• 36 Application for stay of investigation or prohibition notice
• 37 Withdrawal of notices
• 38 Revocation or withdrawal of notice does not prevent issue of another notice
• 39 Service of documents
• 40 Exhibition of notices
• 41 Proceedings for offences not affected by notices

PART 6 - EXEMPTIONS

• 42 Exemptions
• 43 Variation and cancellation of exemptions and conditions
• 44 Internal review of exemptions by Competent Authority
• 45 Appeal to Court following review
• 46 Application orders and emergency orders

PART 7 - CRIMINAL AND OTHER PROCEEDINGS

Division 1 - Proceedings for offences generally

• 47 Proceedings for an offence
• 48 Penalty notices

Division 2 - Court orders in connection with offences

• 49 Operation of Division
• 50 Orders generally
• 51 Orders regarding monetary benefits
• 52 Power to affect licences
• 53 Supervisory intervention orders
• 54 Prohibiting a person from involvement in the dangerous goods transport industry
• 55 Forfeiture
• 56 Orders for costs, expenses and compensation at time offence proved
• 57 Recovery of costs, expenses and compensation after offence proved
• 58 Recovery of costs from convicted person

Division 3 - General

• 59 Evidence
• 60 Evidence regarding weighing
• 61 Transport documentation
• 62 Proof of appointments and signatures unnecessary
• 63 Use of codes of practice etc in proceedings

PART 8 - MISCELLANEOUS

• 64 Act to bind Crown
• 65 Protection from liability
• 66 Confidentiality and disclosure of information
• 67 Contracting out prohibited
• 68 Recovery of costs of public authorities
• 69 Assistance in emergencies or accidents
• 70 Minister to notify adoption of code etc
• 71 Delegation
• 72 Savings, transitional and other provisions
73, 74. (Repealed)
• 75 Review of Act
• SCHEDULE 1
Schedule 2 (Repealed)